Anunda v Republic [2023] KEHC 3091 (KLR)

Anunda v Republic (Miscellaneous Criminal Application E107 of 2021) [2023] KEHC 3091 (KLR) (28 March 2023) (Ruling)

Neutral citation: [2023] KEHC 3091 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E107 of 2021

RE Aburili, J

March 28, 2023

Between

Willis Otieno Anunda

Applicant

and

Republic

Respondent

Ruling

1. The convict Willis Otieno Anunda claims that he was sentenced to serve ten (10) years imprisonment for the offence of incest on April 9, 2018 and that he now seeks that the court considers the ten (10) months period spent in custody.

2. However, the convict/applicant never filed any court proceedings for this court to peruse and confirm whether he was released on bond or not during the trial, for such a serious offence, although he annexed warrant of commitment to prison dated April 9, 2018 vide Nyando SPM SO Case No 7 of 2017.

3. I find the application not supported. It is hereby dismissed.

4. The application can file another fresh application with supporting documents.

5. File closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF MARCH, 2023R. E. ABURILIJUDGE